Consumer Rights question

[sullivan2829]

Hi,
First post so be gentle!

My brother agreed the purchase of a Rolex through a UK grey dealer yesterday. Agreement and payment made online last night and collection in store this morning. Unfortunately he is unable to get insurance at home for the watch due to its value and lack of a safe. ( its a new house and his wife doesn’t want a safe bolting to the floor) . He’s subsequently decided its all too much hassle and took the watch back to the grey several hours later for a refund. They refused. Has anyone experienced anything like this? Under distance selling rules I was under the impression he would get a refund no questions asked.

Thanks in advance,

[dukie748]

It's a private business and not an authorized AD, so they can pretty much do as they wish - but they should have their Terms & Conditions listed somewhere, if they state that returns are solely at their discretion - your brother is out of luck.

[CashGap]

Originally Posted by dukie748

It's a private business and not an authorized AD, so they can pretty much do as they wish - but they should have their Terms & Conditions listed somewhere, if they state that returns are solely at their discretion - your brother is out of luck.

And not sure that it would be any different if an AD.

Good decisions come from experience, experience comes from bad decisions. Thinking through a multi-thousand dollar purchase after the purchase is a bad decision, leading to experience that will change his future decisions.

(As an aside, I don't believe he can't get insurance, it's a cover to "Save Face"). https://www.ripeinsurance.co.uk/valu...tch-insurance/

[Blansky]

Lots of people have Rolexes and jewelry uninsured in their homes. I'm missing the part that owning a Rolex is too much hassle.

As for a refund, that's up to the store.

Take it home and enjoy it.

[mountainjogger]

Suggest that he try other insurers. Does not sound right to me.

[mountainjogger]

Originally Posted by Blansky

Lots of people have Rolexes and jewelry uninsured in their homes. I'm missing the part that owning a Rolex is too much hassle.

Same.

[Chewbacca]

“Distance selling rules”

What’s that?

[Zakalwe]

You can disregard the replies from American posters, they have their own rules, regulations and laws. The law here is completely unambiguous: the watch was bought online which means he has 14 days to return the watch with a full refund and does not need to give any reasoning:

https://www.gov.uk/accepting-returns-and-giving-refunds

https://www.which.co.uk/consumer-rig...-bought-online

He needs to be polite but resolute with them and if necessary put the return/refund request in writing. It’s likely the person he spoke to is either ignorant or trying to pull a fast one. They can soon be set straight.

[CashGap]

Originally Posted by Zakalwe

You can disregard the replies from American posters, they have their own rules, regulations and laws. The law here is completely unambiguous: the watch was bought online which means he has 14 days to return the watch with a full refund and does not need to give any reasoning:

https://www.gov.uk/accepting-returns-and-giving-refunds

https://www.which.co.uk/consumer-rig...-bought-online

He needs to be polite but resolute with them and if necessary put the return/refund request in writing. It’s likely the person he spoke to is either ignorant or trying to pull a fast one. They can soon be set straight.

If it's the full story (hmmm). Someone who tells his brother a fib about insurance eligibility is not the best source of facts.

And is a watch delivered in a store bought "online" in the UK? Or was it a deposit, with a face-to-face retail delivery as OP states.

Not so clear cut. And, that's if the rendition posted is true.

From your first link "You must offer a full refund if an item is faulty, not as described or doesn’t do what it’s supposed to" "You don’t have to refund a customer if they: no longer want an item (eg because it’s the wrong size or colour) unless they bought it without seeing it".

Second link "The retailer may have a returns policy stating that it will only give customers a credit note or vouchers for returns. But this must only apply where customers are looking to return an unwanted item."

I stand by my analysis from across the pond.

[Chewbacca]

Originally Posted by Zakalwe

You can disregard the replies from American posters, they have their own rules, regulations and laws. The law here is completely unambiguous: the watch was bought online which means he has 14 days to return the watch with a full refund and does not need to give any reasoning:

https://www.gov.uk/accepting-returns-and-giving-refunds

https://www.which.co.uk/consumer-rig...-bought-online

He needs to be polite but resolute with them and if necessary put the return/refund request in writing. It’s likely the person he spoke to is either ignorant or trying to pull a fast one. They can soon be set straight.

Jeebus! I can drunk shop freely!

[Zakalwe]

Originally Posted by CashGap

If it's the full story (hmmm). Someone who tells his brother a fib about insurance eligibility is not the best source of facts.

And is a watch delivered in a store bought "online" in the UK? Or was it a deposit, with a face-to-face retail delivery as OP states.

Not so clear cut. And, that's if the rendition posted is true.

From your first link "You must offer a full refund if an item is faulty, not as described or doesn’t do what it’s supposed to" "You don’t have to refund a customer if they: no longer want an item (eg because it’s the wrong size or colour) unless they bought it without seeing it".

Second link "The retailer may have a returns policy stating that it will only give customers a credit note or vouchers for returns. But this must only apply where customers are looking to return an unwanted item."

I stand by my analysis from across the pond.

I’ve tried to get a quote from Ripe insurance and they refused me cover. My insurer doesn’t require me to have a safe but the very same insurer has required other U.K. members to have a safe. Insurance companies are very shady here and refuse cover/payouts seemingly on a whim.

As for your quotes, the first one you’ve quoted from the wrong subheading. Look at the paragraph below and you’ll see the subsection dedicated to online selling, which as I said is unambiguous. Regarding the second quote, again if you read a bit further it states that the customer can request a refund rather than credit regardless.

I can’t rule out the possibility the OP is lying - though it’d be a bit odd to wait 8 years to post this fiction - but in any event if we all answered questions assuming everybody is a fibber this place would be rather less pleasant.

And in any case, the facts about distance selling regs in the U.K. remain.

[CDNWatchNut]

If it’s his only high value watch why not just wear it all the time...the chance of it being stolen seems very low.

[~JJ]

Sounds like a case of buyers remorse with a side of insurance excuse.

[Danny83]

Tell him to sell it

[bayerische]

Wait... What?

[andyxxx]

The OP says the transaction was done online - so why does anyone question this?

In the UK under such circumstances the facts Zakalwe states are correct. He can get a full refund.

[DLRIDES]

Originally Posted by sullivan2829

Hi,
First post so be gentle!

My brother agreed the purchase of a Rolex through a UK grey dealer yesterday. Agreement and payment made online last night and collection in store this morning. Unfortunately he is unable to get insurance at home for the watch due to its value and lack of a safe. ( its a new house and his wife doesn’t want a safe bolting to the floor) . He’s subsequently decided its all too much hassle and took the watch back to the grey several hours later for a refund. They refused. Has anyone experienced anything like this? Under distance selling rules I was under the impression he would get a refund no questions asked.

Thanks in advance,

I think your brother is returning the wrong item. The watch is the least of his problems.

[Burlington]

DSR should cover it if payment made online too.

I presume the insurance would still cover his watch when worn. So the simple solution is to wear it & not leave about at home.

[sullivan2829]

Originally Posted by andyxxx

The OP says the transaction was done online - so why does anyone question this?

In the UK under such circumstances the facts Zakalwe states are correct. He can get a full refund.

Seems to be the way the forum is going. I’ve not posted but I read it everyday. People always seem to feel there is more to a post/ story than there is. I’ve no idea whether he has buyers remorse or not all I know is he can’t get insurance as it stands and doesn’t want to put a safe in. I’m particularly interested in UK members views on distant selling. Im unclear as to whether they apply to somebody who ordered and purchased ( in full) online but collected in store versus someone who had the shipment delivered.

Next time I’ll ask whether my Deepsea is waterproof or attempt a Baselword prediction

[Yess]

This is a very interesting dilemma.

[Zakalwe]

Originally Posted by sullivan2829

Seems to be the way the forum is going. I’ve not posted but I read it everyday. People always seem to feel there is more to a post/ story than there is. I’ve no idea whether he has buyers remorse or not all I know is he can’t get insurance as it stands and doesn’t want to put a safe in. I’m particularly interested in UK members views on distant selling. Im unclear as to whether they apply to somebody who ordered and purchased ( in full) online but collected in store versus someone who had the shipment delivered.

Next time I’ll ask whether my Deepsea is waterproof or attempt a Baselword prediction

DSR apply if the sale has been made online, regardless of how the goods were delivered. They wouldn’t apply if he reserved the watch online but paid in store.

[sullivan2829]

Originally Posted by Zakalwe

DSR apply if the sale has been made online, regardless of how the goods were delivered. They wouldn’t apply if he reserved the watch online but paid in store.

Thanks, that’s what I figured.

[RHIII]

I don’t know the detailed laws, but I do know that it is important to understand the “Terms of Sale” of businesses before you purchase anything.

[77T]

Did he use a credit card when he paid online?

If so, perhaps the CC company could solve this for him versus a protracted struggle with the seller and/or the courts.

Let’s say all is correct - and the transaction falls within the DSR cited already. What is his recourse if the seller persists in withholding a refund under DSR? I believe that is the next step - and would likely involve some legal costs, right?


Sent from my iPhone using Tapatalk Pro

[Zakalwe]

Originally Posted by 77T

Let’s say all is correct - and the transaction falls within the DSR cited already. What is his recourse if the seller persists in withholding a refund under DSR? I believe that is the next step - and would likely involve some legal costs, right?

A business would be foolish to let it get to that stage assuming the case is as cut and dried as it appears to be, but the ultimate recourse is small claims court. The application can be made online - the fee for a watch valued £5-10k would be £450 and reclaimable in the event of a successful outcome. You wouldn’t need a lawyer.

You’re right though, CC company doing the leg work eliminates a lot of ball-ache.

[Knappo 1307]

Sounds like he made a purchase without the Misses knowing. And got a talking to when he brought it home. Buyers remorse, and as far as the store, it's whatever their policy is....

[daveathall]

Zakalwe is correct on the online purchasing.

I was in Leeds yesterday, the new Rolex Boutique just up from John Lewis didnt have one SS sports model in the window.

[Knappo 1307]

Originally Posted by andyxxx

The OP says the transaction was done online - so why does anyone question this?

In the UK under such circumstances the facts Zakalwe states are correct. He can get a full refund.

Unless I'm missing something, I don't see where anyone questioned the way it was bought?

[rootbeer7]

If bought online, you can request a full refund without question.

[andyxxx]

Originally Posted by Knappo 1307

Unless I'm missing something, I don't see where anyone questioned the way it was bought?

Having re read the posts, I can't. Very odd.